HUMAN SECURITY, TERRORISM, AND COUNTERTERRORISM: BOKO HARAM AND THE TALIBAN

Transkript

1 HUMAN SECURITY, TERRORISM, AND COUNTERTERRORISM: BOKO HARAM AND THE TALIBAN Israel Nyaburi Nyadera and Mohamed Omar Bincof Department of Political Science Ankara Yildirim Beyazit University Ankara Turkey Israel Nyaburi Nyadera is a Ph.D. Candidate at the Department of Political Science and Public Administration, Ankara Yildirim Beyazit University, where he earned a master s degree. He also holds master s in International Relations from Middle East Technical University. He has been a visiting researcher at the University of Milan. Mohamed Omar Bincof is a Ph.D. Candidate at the Department of Political Science and Public Administration, Ankara Yildirım Beyazıt University. He did his master s in Public Administration at Kampala University and his undergraduate at SIMAD University. This paper explores the threat to human security from terrorism and counter-terrorism strategies. Using the cases of Boko Haram and Taliban operating from Nigeria and Afghanistan, we explain how the threat of terrorism is aggravated by state countermeasures. What appears as a confrontation between the government and terrorist groups ends up harming civilians as collateral damage. After a review of academic literature, government reports, and documents from local and international organizations, this study assesses the ways human security is undermined as a result of terrorism and counterterrorism activities. It argues that the ambiguity in the definition of terrorism is undermining the state s obligation to international law and recommends that counterterrorism be treated as a process rather than a military campaign. INTRODUCTION Since the events of 9/11, the world has witnessed an increasing shift from the traditional understanding of security, the threat of non-state actors and measures needed to prevent threats to national security. The methods used by terrorists and the threat they pose continue to grab the attention of law enforcers, policymakers, and the citizens alike. Governments, on the other hand, are attracted to the spotlight because of their infringements on human rights and security in their attempts to respond to radicalization and terrorism. 1 Local and international organizations, as well as human right activists are raising red flags over the VOL. XXXVI NO. 1 MARCH Israel.indd 7

2 HUMAN SECURITY, TERRORISM, AND COUNTERTERRORISM Human rights act as obstacles to effective war on terrorism leading to divisions between advocates of human rights and those of human security. infringement of basic rights that guarantee human security by governments and terrorist groups. Some of the areas in which terrorism and counter-terrorism strategies threaten human security include; the right to life, safeguarding individuals against torture, fair and due process in trials, personal security, liberty of the individuals, socio-economic and cultural rights, targeted discrimination and profiling of persons. In some cases, governments have used the narrative of war against terrorism to undermine the independence of the judiciary, religious freedoms, freedoms of expression and association, silencing journalists as well as diversion of resources that would otherwise be used to provide social services and development to the security sector. However, cognizance is made that these same rights also act as obstacles to effective war on terrorism leading to divisions between advocates of human rights and those of human security. Firstly, there are proponents who believe that human security should help develop the existing framework of human rights and secondly, there are others who view the legal framework of human rights as contributing to global insecurity. These divisions therefore necessitate the need to examine human security beyond the legal parameters (Hampson, 2002: 2-18). The central concern is that if terrorist groups and state agencies continue with these practices unchecked, then there will be a high probability that good governance, rule of law, and ultimately human security, will be corroded. Additionally, whenever governments opt to use excessive and disproportional force to counter terrorism, the result is often counterproductive and only leads to further radicalization. This undermines national, regional and international efforts to end terrorism. While states have a legitimate basis to undertake counter-terrorism measures, it is imperative that these strategies be well within the thresholds provided by the rule of law, allow for the prosecution of the perpetrators of terrorism within the framework of the law, incorporate measures that are more preventive to terrorist attacks, as well as protect those who may be caught between terrorist control and government offensive. 2 Alternatively put, counterterrorism strategies need 8 VOL. XXXVI NO. 1 MARCH 2019 Israel.indd 8

3 BOKO HARAM AND THE TALIBAN to address issues such as factors that create a conducive environment for the emergence and spread of terrorist groups and their ideologies respectively. The declaration by the Bush administration that America is at war after 9/11 attacks was followed by some of the most drastic state responses to counter terrorism. The invasion of Iraq in 2003 and the deployment of American troops in Afghanistan have become global symbols of how the war on terror can threaten human security. Reports by several nongovernmental organizations portray a disturbing picture on how torture and human rights abuses have been experienced during these operations (Amnesty International, 2004; Human Rights Watch, 2004; ABCNY & NYU Law School, 2004). The United States came under serious condemnation from different quarters The invasion of Iraq in 2003 and the deployment of American troops in Afghanistan have become global symbols of how the war on terror can threaten human security. including close allies such as the United Kingdom on what has been described as torture and violation of basic human rights of detainees at Abu Ghraib prison in Iraq. Similarly, the mistreatment of suspected members of terrorist groups through actions like detention without trial and the use of torture at the US Naval facility in Guantanamo Bay has raised huge controversies (Maran, 2006: ). Human rights activists have argued that the legal rights of the detainees under the Geneva convention 3 have been violated. Although the United States insists that the suspects are not prisoners of war but rather enemy combatants some scholars argue that making such a distinction is a violation of the Geneva Convention (Monbiot, 2003). Allegations of similar nature have been made aganist several countries across the world particularly after the United Nations Security Council adopted resolution 1373 in 2001 for example in Somalia according the US State Department Human Rights Report of A report by the office of the Special Rapporteur on the promotion and protection of human rights identified several countries including Burkina Faso, Peru, Saudi Arabia, Spain, Sri Lanka, and Israel for denying people suspected of having links with terrorist organizations their legal rights to fair trial, freedom from torture, right to fair pre-detention treatment and VOL. XXXVI NO. 1 MARCH Israel.indd 9

4 HUMAN SECURITY, TERRORISM, AND COUNTERTERRORISM state undermining of due processes. 4 Additionally, targeted killing, detaining of suspects incommunicado, denied access to legal counsel and family members are other abuses the U.N. Human Rights Commission and the Working Group on Arbitrary Detention highlighted as abuses by governments in their war against terrorism. 5 In 2004, Secretary-General of the International Commission of Jurists expressed concern when he stated: Counter-terrorism measures worldwide are challenging our most basic assumptions about the rule of law and human rights. We thought we would not have to answer again whether someone who is suspected of committing horrific criminal acts can be treated inhumanely. 6 Boko Haram emerged in the mid-1990s and under Abubakar Lawan, a Saudi Arabian-educated religious teacher. In 2002, the group got a new leader; Mohammed Yusuf who adopted radical approaches that attracted many unemployed and aggrieved young Nigerians. In Nigeria, terrorism has become one of the most concerning threats to human security due to the activities of Boko Haram. Until 2015, Boko Haram was a silent religious group before transforming to a national threat and a deadly international terrorist group that changed the region s security landscape. In 2008 Nigeria was ranked at position sixteen among the deadliest places in the world by the Global Terrorism Index (GTI). This shot tup o position three only after Afghanistan and Iraq in 2015 as a result of Boko Haram s activities. Afghanistan, on the other hand, remains the second most dangerous place in the world according to the Global Terrorism Index (GTI) due to the activities of the Taliban. 7 Seemingly, the continued terrorist attacks in Nigeria and Afghanistan show that the two governments have not succeeded in developing efficient responses and effective countermeasures to terrorism. Consequently, this has not only left the civilians vulnerable to attacks from terrorist groups, but also, ineffective intelligence gathering and ground operations have continued to cause operational errors that have left civilians dead, injured, or wrong persons arrested and detained. 10 VOL. XXXVI NO. 1 MARCH 2019 Israel.indd 10

5 BOKO HARAM AND THE TALIBAN Boko Haram emerged in the mid-1990s and under the leadership of Abubakar Lawan, a Saudi Arabian-educated religious teacher. In 2002, the group got a new leader; Mohammed Yusuf who unlike his predecessor adopted radical approaches in his teachings that attracted many young Nigerians aggrieved by issues of corruption, poverty, social-life decline in what they term as moral decay in the society and unemployment (Madike, 2011: 8-16). Their first successful attack happened on July 26, 2009 when the group members attacked Dutsen Tanshi police station (Onuocha, 2010). The government constituted a multi-agency security team that included members of the Nigerian Police and the Military to respond to the group s increasing terrorist activities following attacks in Yobe, Borno, and Kano states. The result of this operation saw the capture and killing of many members of Boko Haram and most importantly the capture and later killing of its leader; Mohammed Yusuf in police custody. It is the killing of Mohammed Yusuf by government forces while in their custody that is blamed for the escalated crisis between the government and Boko Haram (Pérouse, 2014). Following the events of July 2009, the government continued with its offensive to try and repress the sect using force. Henceforth, arrests without trial, massacres, and extrajudicial killings are some of the measures the government has been The killing of Mohammed Yusuf by government forces while in their custody is blamed for the escalated crisis between the government and Boko Haram. Arrests without trial, massacres, and extrajudicial killings are some of the measures the government has been accused of using. accused of using. However, to the group, the government s security strategies only acted as a temporary set -back until the emergence of Abubakar Shekau as Boko Haram s new leader. Under Shekau s leadership, the group has carried attacks across the country particularly in the North East Zone. Several bombings, kidnapping, extortion, and radicalization through use of propaganda have also been reported. Unlike Boko Haram, the rise of the Taliban has been somewhat dramatic. The group is an offshoot of the mujahedeen formed in the early 1980s as a resistance force to stop the attempts by the Soviet Union to VOL. XXXVI NO. 1 MARCH Israel.indd 11

6 HUMAN SECURITY, TERRORISM, AND COUNTERTERRORISM occupy Afghanistan between 1979 and The exit of the soviets from Afghanistan in February 1989 left the country suffering from serious economic and social constraints, over one million people dead at the time, thousands of others displaced and a dysfunctional political and administrative system. The political vacuum that was created by the absence of the Soviets gave different warlords an opportunity to scramble for power leading to the rise of Taliban (Rashid, 2010: 4). In addition, the strength of the Taliban has been attributed to the support it received from the US through the Central Intelligence Agency that was keen on stopping the spread of Soviet Union in the region The political vacuum that was created by the absence of the Soviets gave different warlords an opportunity to scramble for power leading to the rise of Taliban. The Taliban governed Afghanistan between 1996 and and the concerns by the Pakistani government through its Inter-Services Intelligence (ISI) agency of having the Soviets next to their border saw it also provide covert support to the Taliban. The Mujahideen fighters were joined by Pakistani educated youths of the Pashtun tribesmen from the East and South. After several years, the Taliban took over the government and governed Afghanistan between 1996 and In 2001 the US invaded Afghanistan blaming Taliban of protecting members of the Al Qaeda including Osama Bin Laden, who Washington accuse of orchestrating the 9/11 attacks on US soil that resulted to the death of thousands of civilians. This invasion led to the toppling down of the Taliban regime in Afghanistan. The sect regrouped and became an insurgency against the Western-backed government of Afghanistan under the leadership of Mullah Mohammed Omar. The Taliban has continued to enjoy support. albeit a declining one, from members living within its territory. HUMAN SECURITY, TERRORISM, AND COUNTERTERRORISM Human Security is an emerging paradigm whose supporters seek to redefine the notion of national security from one that elevates the state as the most 12 VOL. XXXVI NO. 1 MARCH 2019 Israel.indd 12

7 BOKO HARAM AND THE TALIBAN important entity to putting the individual as the most important unit of reference for security. The notion of human security is people-centered and encourages a multi-dimensional understanding of security. The concept got its biggest milestone in 1994 through the United Nations Human Development Report that outlined two important concepts of freedom from fear and freedom from want (American Climate Choices, 2010). The Human Development Report identifies seven threats to human security. These include; food security, health security, personal security, community security, economic security, political security, and environmental security. Two schools of thought have emerged to shed further light on the notion of human security. One school is the Freedom from Want, which seeks to broaden the definition of human security to include other threats such as natural disasters, hunger, and disease. Proponents of this school have argued that the mentioned threats are responsible for the death of many more people than genocide, terrorism, and war combined (Human Security Centre, 2008). Stewart (2004) adds that development is closely interrelated with security and therefore the absence of one means a threat to the individual. Freedom from want focuses on violence as well as security and development issues. Freedom from Fear, on Although there is no single universally agreed definition of the term terrorism, the general understanding of the term is made in reference to violent acts that target civilians in pursuit of ideological and/or political objectives. the other hand, limits the notion of human security to violence. It states that humans should be protected from any forms of violence which they associate the causes to the inadequate state capacity, poverty, and inequalities. This is founded on the assumption that limiting human security to violence is not only realistic but also manageable. Conflict prevention, emergency assistance, and peacebuilding are at the center of this approach. Although there is no single universally agreed definition of the term terrorism, the general understanding of the term is made in reference to violent acts that target civilians in pursuit of ideological and/or political objectives. Legally, with reference to existing resolutions, declarations VOL. XXXVI NO. 1 MARCH Israel.indd 13

8 HUMAN SECURITY, TERRORISM, AND COUNTERTERRORISM and some universal treaties attach certain core elements and acts to what can be considered as terrorism. Resolution 49/60 (Measures to Eliminate International Terrorism) adopted by the General Assembly of the United Nations in 1994, defines terrorism as criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes. The resolution goes ahead to emphasize that such acts cannot be justified irrespective of the circumstance, ethnic, political, ideological, philosophical, racial, religious or any reasoning that can be used to justify the act. In 2004, resolution 1566 adopted by the security council further widened the scope of what can be synonym with terrorism. It defines terrorism as criminal acts against civilians, committed with the intent to cause death or serious bodily injury, or taking of hostages, with the purpose to provoke a state of terror in the general public or in a group of persons or particular persons, intimidate a population or compel a government or an international organization to do or to abstain from doing any act. 8 The General Assembly later discussed a more comprehensive definition that terrorism be considered as; unlawfully and intentionally causing, attempting or threatening to cause: (a) death or serious bodily injury to any person; or (b) serious damage to public or private property, including a place of public use, a state or government facility, a public transportation system, an infrastructure facility or the environment; or (c) damage to property, places, facilities, or systems, resulting or likely to result in major economic loss, when the purpose of the conduct, by its nature or context, is to intimidate a population, or to compel a Government or an international organization to do or abstain from doing any act. Failure to adopt the above definition by the United Nations general assembly members has left states to define terrorism based on their own national interests and perspectives. These varying definitions of terrorism have been exposed to abuse by states thus threatening human security. For example, the word terrorism has become synonymous with political opponents in many countries as seen in the manner in which China describes Tibetan Buddhists. At the same time, United nations General Assembly member states continue to be divided on the parameters in which 14 VOL. XXXVI NO. 1 MARCH 2019 Israel.indd 14

9 BOKO HARAM AND THE TALIBAN the definition of terrorism should cover. Some of the contentious issues include whether liberation and pro-independence movements are to be classified as terrorist groups or not, and, whether during a state of emergency counter-terrorism measures should be used to infringe on people s civil and political rights guaranteed by article 15 of the International Covenant as non-negotiable. Despite the challenges in defining terrorism, there is no doubt that destruction, suffering, threat to human dignity and insecurity continues to be felt across the world from governments that are responding to terrorism. Given the threat posed by terrorism and its cross-border nature, the General Assembly of the United Nations adopted a universal strategy to counter-terrorism on the 8 September Terrorism has been used to refer to the actions of non-state actors involved in targeting civilians in order to send a political message The aim of this strategy was to have a systematic approach in enhancing international, regional, and national efforts to combat terrorism (Masferrer & Walker, 2013: ). This common operational and strategic approach denotes an important declaration that terrorism in whichever form is unacceptable and that collective and individual practical measures would be taken to curb the spread of terror activities. Some of the practical measures that are to be adopted under this strategy include coordination of activities at the U.N level as well as helping states build capacity to counter terrorist threats. At the government level, counterterrorism incorporates practice, techniques, strategy, and the military tactics governments adopt to prevent or combat terrorism. Counterterrorism goes further to tackle other non -combat practices such as financing and incitement. Despite the ambiguity in the definition of terrorism, this article examines some key trends to provide a trend that will be used as the definition of terrorism in this paper. The events of the reign of terror during the French revolution gives an important starting point in discussing terrorism. Broadly, terrorism has been used to refer to the actions of non-state actors involved in targeting civilians in order to send a political message. This approach can be traced back to the 1870 s Russian leader of the People s Retribution Sergey Nechayev, a self-declared terrorist. A much narrower definition of VOL. XXXVI NO. 1 MARCH Israel.indd 15

10 HUMAN SECURITY, TERRORISM, AND COUNTERTERRORISM terrorism would therefore be: the use of violence to create fear (i.e., terror, psychic fear) for (1) political, (2) religious, or (3) ideological reasons (Mahan & Griset, 2008:4). This approach is also echoed by Schmid in his work Frameworks for Conceptualizing Terrorism where he recognizes numerous frameworks that are inconsistent with the concept of terrorism. He specifies that terrorism consists of characteristics such as 1) violation, 2) Political motivation, 3) Armed Counterterrorism refers to the techniques, practice, tactics and strategies adopted to combat or prevent acts of terrorism. conflict, 4) Publicity, and 5) Religion. Considering the initial classification claim that not entire activities generally perpetrated through extremists are judged illegal unless often illegitimate in most of the countries. At the same time, he also states that terrorism can be examined through states behavior in indiscriminate bombings, warfare on ordinary people, concentrated guerilla fighting and assassinations in crowded areas like big cities, kidnapping innocent persons, hijacking, hostage-taking, and, there is predominant in many cases a political root to these actions (Schmid, 2004: 179). Counterterrorism on the other hand refers to the techniques, practice, tactics and strategies adopted by governments, military, intelligence, business and law enforcement agencies to combat or prevent acts of terrorism. Below is a list of some of the actors classified as local or international terrorists by different agencies; INTERNATIONAL Abu Nidal Organization (ANO) Al-Shabaab Asbat al-ansar Continuity Irish Republican Army (CIRA) Harakat ul-mujahidin Hezbollah DOMESTIC Phineas Priesthood (Phineas Priests) Jamaat ul-fuqra Sea Shepherd Conservation Society (SSCS) Kurdistan People s Workers Party (PKK) Army of God (AOG) Aryan Nations (AN) Source: Author compilation from different Sources 16 VOL. XXXVI NO. 1 MARCH 2019 Israel.indd 16

11 BOKO HARAM AND THE TALIBAN IMPACT OF TERRORISM AND COUNTER-TERRORISM STRATEGIES ON HUMAN SECURITY. In this section, we will use Boko Haram and Taliban as well as the government of Nigeria and Afghanistan with the support of their allies to examine how terrorism and counterterrorism strategies have increasingly become a threat to human security. Eleven themes will be used to guide the discussion on the threats to human security. Right to life The duty and right of the states to protect the right to life of all the individuals living within their jurisdiction are recognized by both regional and international human rights laws. Concerns over states becoming a threat to human security have been on the increase as a result of various counterterrorism strategies. In its efforts to protect citizens from attacks and discourage the spread of terrorist ideology, states have engaged in some measures that pose a serious threat to the right to life. Measures such as targeted and/or deliberate killings have become government alternative to arresting suspects. Some governments have adopted shoot-to-kill In their efforts to protect citizens from attacks and discourage the spread of terrorist ideology, states have engaged in some measures that pose a serious threat to the right to life. policies to deal with terrorist threats. Terrorism thrives on the idea of creating fear among the people through many means including killings carried out by suicide bombers, random shooters and driving vehicles through crowded areas. Terrorist groups target the most vulnerable members of society without distinguishing between combatants and non-combatants. They have over the years targeted schools, hospitals, religious centers, government buildings, mall and public rallies making the threat to the right to life more and more plausible irrespective of an individual s social, economic, religious, cultural, national identity or political affiliation. Boko Haram, which is the largest militia group in Africa today, has since 2011 led to the death of 15,000 people. In 2017 alone, the group has claimed responsibility for a total of 150 attacks spread across Nigeria, VOL. XXXVI NO. 1 MARCH Israel.indd 17

12 HUMAN SECURITY, TERRORISM, AND COUNTERTERRORISM Chad, Cameroon, and Niger that led to the death of 967 civilians which is an increase compared to 2016 where 910 people were killed from Boko Haram attacks (BBC, 25 January 2018). 90 of these attacks were through surprise armed attacks using guns and grenades while 59 were suicide bombs. What makes these attacks a serious threat to the right to life is that they have often targeted civilians. More attacks were directed towards political and religious groups as well as busy centers and markets than towards the police and the military. According to the Human Rights Reports on Nigeria in 2018, Boko Haram has resorted to using children and women as suicide bombers. Between 2016 and 2018, over 180 people died as a result of suicide bombs carried out What makes the Boko Haram attacks a serious threat to the right to life is that they target civilians. More attacks were directed towards political and religious groups as well as busy centers and markets than towards the police and the military. by children and women especially in the capital city of Borno state, Maiduguri. According to UNICEF 83 suicide attacks were carried out by children. Such attacks were mostly committed in camps for internally displaced persons (Ngala and Banki), markets and security checkpoints. In July 2017, an attack on the National Petroleum Corporation located in Magumeri by the group claimed the lives of 69 civilians. Nigerian Security forces have equally caused the death of civilians in circumstances that have raised more questions than answers. When the Nigerian Airforce carried out airstrikes in Rann, Borno State on 17 January 2017, more than 50 people including a local government official and 9 NGO employees in an internally displaced persons settlement camp were killed. Although a six-month inquiry exonerated the military blaming the mishap on faulty intelligence that the camp was harboring insurgents even though at the time the facility was under the control of the military. The military was also investigated over allegations of war crimes which include extrajudicial killings by a seven-member military board that also included two representatives from the Human Rights Commission. Once again, the military was vindicated, and the board found no basis to conduct any investigations on the conduct of the security forces in its operations against Boko Haram. 18 VOL. XXXVI NO. 1 MARCH 2019 Israel.indd 18

13 BOKO HARAM AND THE TALIBAN Since the war against Taliban begun in 2001, over 30,000 people have been killed and several thousand more injured most of whom are civilians. A more clear picture of the crisis can be found in the UN Assistance Mission in Afghanistan (UNAMA) 2018 report for the year 2017 that states over 10,000 casualties were either injured or killed as a result of attacks by Taliban or counter attacks by the government. The report indicates that the high number of civilian deaths was as a result of using pressure plate and suicide bombs in highly populated regions. In 2017 alone, 861 children were killed and 2319 injured while 363 women were killed, and 865 others injured during the same period. This accounts for 27 percent of Taliban attacks deliberately targeted towards civilians in The single largest attack on civilians by Taliban occurred in 2009 when 92 civilians were killed when a 2000-ton truck filled with military grade explosives exploded. Afghan security forces have equally been accused of causing civilian deaths during their counterterrorism operations UNAMA report reveals that a fifth of the total civilian casualties was perpetrated by government and forces allied to the government. These include both pro-government militia in Afghanistan and foreign forces that support the government. 631 civilian casualties occurred as a result of airstrikes conducted by Afghan Airforce and foreign military forces in Freedom from Torture The UN Assistance Mission in Afghanistan (UNAMA) 2018 report for the year 2017 that states over 10,000 casualties were either injured or killed as a result of attacks by Taliban or counter attacks by the government. While International law is clear regarding the prohibition of using torture and other inhuman treatments and considers it as a norm of jus cogens which is non-derogable even if the country is in a state of emergency, there is a debate as to what constitute torture. 9 Most concerns revolve around what form of legal standards need to be applied when determining if the condition of confinement or the method used to interrogate suspect amount to torture. There are national and international frameworks that seek to provide VOL. XXXVI NO. 1 MARCH Israel.indd 19

14 HUMAN SECURITY, TERRORISM, AND COUNTERTERRORISM approaches of determining what amounts to torture. Torture is best defined by the provisions of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 10 and the third and fourth Geneva conventions which consider torture as willfully causing great mental suffering or serious injury to body or health of an individual. Nevertheless, these two frameworks on the prohibition of torture do not put into consideration the threat of terrorism to the society and thus do not give any form of exemption for torture to be used on terrorist suspects. Irrespective of that, both terrorist groups and state agencies have used torture to achieve certain ends. Even though information acquired from suspects subjected to torture are not admissible in court, governments have managed to come up with measures and policies that circumvent this provision. The definition of torture has been broadened to include instances where a suspect is subjected to stress because of extended periods of solitary confinements, incommunicado and Boko Haram has been widely condemned for the use of torture as a method of spreading fear among the civilians. Victims describe that the group is using sex, shooting, physical assault and body piercing as methods the to send messages to anyone they consider a traitor or pro-western ideology. secret detention. Boko Haram has been widely condemned for the use of torture as a method of spreading fear among the civilians. Victims describe that the group is using sex, shooting, physical assault and body piercing as some of the methods the group is using to send messages to anyone they consider a traitor or pro-western ideology (Lizard, 18 September 2014). The government of Nigeria too has been accused by Amnesty International for subjecting thousands of suspected Boko Haram members and sympathizers to torture. Research and Advocacy Director at Amnesty International, Netsanet Belay, describe a shocking revelation that the government has resulted in the indiscriminate torture of Boko Haram suspects including 12-year-old children and women. Although the constitution prohibits the use of torture in Nigeria, the relevant legislation is yet to be passed, therefore, allowing the institutionalization of the norm by security forces leading to the death of over 8,000 people (Smith, 20 VOL. XXXVI NO. 1 MARCH 2019 Israel.indd 20

15 BOKO HARAM AND THE TALIBAN 2015). A 15-year-old boy called Mahmood who was one of the torture victims narrated to Amnesty International the ordeal he and other boys of similar age were subjected during their three-week detention by Nigerian security forces. From pouring of molten plastic on their skin to being hit by batons, gun butts and matches as well as walking and rolling on broken glass laid on the floor are some of the torture methods the Nigerian security is using on suspected members of Boko Haram as narrated by Mahmood. In Afghanistan, torture has been used by both the Taliban and government forces subjecting citizens to an unknown destiny of possible torture by any side of the conflict. Taliban captives have indicated instances of gang rape, forced abortion, shooting and beheading of other captives. On the other hand, Amnesty International 2017/18 report has revealed that the Afghan National Police, National Directorate of Security and the Afghan Local Police were subject of using torture on their captives. 39 percent of 439 detainees interviewed by OHCHR and UNAMA provided credible information putting the Afghan security forces at the center of ill-treatment and torture of their captives during their interrogation and arrest. They accused the security forces of beating them, using electric shocks, sex abuse, suspensions and threats on them. An Anti-Torture Law passed in March 2018 fell short of putting a requirement that victims of torture be compensated. Due Process and Fair Trial In Afghanistan, torture has been used by both the Taliban and government forces subjecting citizens to an unknown destiny of possible torture by any side of the conflict. An Anti-Torture Law passed in March 2018 fell short of putting a requirement that victims of torture be compensated. The principle of one being innocent until proven guilty has an important bearing on human security for several reasons. One is that it shields individuals from being victims of persecution due to social and political differences. It ensures that the law is not used to achieve selfish interests. This notion VOL. XXXVI NO. 1 MARCH Israel.indd 21

16 HUMAN SECURITY, TERRORISM, AND COUNTERTERRORISM necessitated the revision of the comment on article 14 of the International Covenant on Civil and Political Rights on the right to a fair trial in 2007 by Human Rights Committee to ensure rule of law, fairness, and equality for all suspects of criminal activities. 11 This Article guarantees the right to fair trial to all suspects including those implicated-on terrorist activities. Each suspect deserves a fair hearing by an impartial, independent and competent tribunal and within a reasonable period. In case the suspect is not satisfied by the sentence or conviction, he/she should have the chance to appeal for the ruling to be reviewed by a superior tribunal. 12 Several countries have used military tribunals to try terrorism suspects as a counterterrorism strategy. This, however, has raised concerns among human rights activists over the ability of these tribunals to administer justice depending on the nature of the court and the restrictions placed Several countries have used military tribunals to try terrorism suspects as a counterterrorism strategy. This raises concerns as to whether these courts can uphold due process and if military tribunals are competent to try civilian suspects. on the suspect. For example, concerns have been raised as to whether these courts can uphold due process and if military tribunals are competent to try civilian suspects. In Nigeria, the trial of Boko Haram suspects has been affected by several reasons that even compromise the ability of the tribunals to follow due process. The first challenge is the lack of capacity by the judiciary to handle the complex cases that involve thousands of suspects. By October 2017, over 1700 suspects were to be tried for being members of Boko Haram. However, even before the cases begun, concerns were raised by many people including the Justice Minister of Nigeria Abubakar Malami over the lack of enough evidence. This means that most people who were being arraigned in court could be innocent but the very fact that they were being held over terrorism charges, the court of public opinion has already been passed on them. In addition, only four judges were appointed to look at the cases of over 1700 suspects, sometimes leading to mass trials; most of which were conducted in secret according to the defense lawyer Umar Ado. Of the 1670 suspects who were being held at the Kainji Military base, over 60 percent have been in custody for more 22 VOL. XXXVI NO. 1 MARCH 2019 Israel.indd 22

17 BOKO HARAM AND THE TALIBAN than five years without trial according to a former analyst at the US state department Matthew Page. On the other hand, a 2015 report by Amnesty International states that over 20,000 people have been arrested and detained on allegations of being members of the Boko Haram group yet only 13 of them have gone through a conclusive legal trial. Boko Haram has reportedly carried out punishment on people whom they accused of violating moral standards and being traitors. Such accused persons have been subjected to punishments that sometimes amount to death, yet the group has no any legitimate powers to carry out such punishments. The government of Nigeria has also come under strong criticism of excluding members of the community and people who have been victims of attacks by Boko Haram to either testify or observe the trial proceedings of Boko Haram suspects. This is contrary to the provisions of Article 14 of the International Covenant on Civil and Political Rights which requires that all suspects be subjected to open hearing and fair trial. The secrecy that surrounded the trial of 572 Boko Haram suspects in October 2017 and the subsequent trials at a remote military base in Wawa, Kainji state in February and July 2018 has caught the attention of observers including the Office of the UN High Commissioner for Human Rights who urged the government to conform to The Kandahar Sports Stadium was used by the Taliban to pass gruesome punishments on civilians following a judicial process that did not give the accused room for appeal nor followed due process. Punishments included amputation of hands and limbs, public stoning to death, flogging and shooting to death. international standards and constitutional safeguards to avoid denying the suspects fair trial and due process. Taliban courts are popular among Afghans in the rural areas and have subjected people within its jurisdiction and who are accused of wrongdoing to a justice system that does not guarantee fairness and due process. In fact, their popularity comes from the speedy conclusion of cases and settling grievances among the feuding parties. For example, the Kandahar Sports Stadium was used by the Taliban to pass gruesome punishments on VOL. XXXVI NO. 1 MARCH Israel.indd 23

18 HUMAN SECURITY, TERRORISM, AND COUNTERTERRORISM civilians following a judicial process that did not give the accused room for appeal nor followed due process. Punishments included amputation of hands and limbs, public stoning to death, flogging and shooting to death. What makes these punishments warring is that they are disproportional or are not criminal in nature. They include prostitution, adultery, changing one s religion and robbery. The Afghanistan government together with her allies the United States have come under criticism of subjecting suspects to unfair trials characterized by torture and threats. According to the 2017 Country Reports on Human Rights Practices the government of Afghanistan through its prosecutors failed to obey the law There are also concerns over the high number of Taliban suspects held incommunicado with rare access to lawyers and legal services. that prohibits holing of suspects for more that 72 hours without taking them to court or formally charging them. Instead most of the suspects were held for months without being informed of their charges. There are also concerns over the high number of Taliban suspects held incommunicado with rare access to lawyers and legal services. In other cases where a suspect is released on bail under the criminal procedure code, the police has often refused to release the suspect claiming that most of them tend to disappear. International monitors have accused the prosecutors in Afghanistan of filing indictment in cases where the role of the suspect in the crime is not clear. Children who have been arrested and detained in juvenile rehabilitation centers lacked access to proper healthcare, food and education. And while the law requires such cases to be handled by special juvenile courts, the children continue to be tried in ordinary courts. Challenges on the legality and the definition of terrorism The lack of a comprehensive definition of terrorism has made it a threat to human security as the existing definitions are largely sectoral meaning they vary from one sector to another whether maritime navigation, aviation industry or protection of persons. Governments have the power to define terrorism and who a terrorist is, based on their own bias. Governments have used the ambiguous definition of terrorism to settle political scores as 24 VOL. XXXVI NO. 1 MARCH 2019 Israel.indd 24

19 BOKO HARAM AND THE TALIBAN some members of the opposition have been branded a terrorist or terrorist sympathizers without enough evidence. Mass arrests have been made in Nigeria and Afghanistan on people who are associated with terrorist groups based on their age, religion, ethnicity, a region of origin and political ideology. This can threaten human security in the sense that innocent civilians once branded as terrorists may face harsh punishments and backlash from the public. The lack of a clear definition of terrorism has enabled governments to suppress freedom of expression, religious freedom, freedom of association, political participation, arbitrary detention, and discriminatory practices. Even though there is a challenge with the definition of the term terrorism, it is a reality that continues to threaten human security. Based on this, the author seeks to recommend Mahan & Griset, s definition as a more appropriate approach of identifying terrorism. It states that terrorism involves the use of violence to create fear (i.e., terror, psychic fear) for (1) political, (2) religious, or (3) ideological reasons (Mahan & Griset, 2008:4). Economic, social, and cultural rights Terrorist and counter-terrorist activities have a direct impact on society s socio-economic and cultural rights. The very presence of armed groups, whether state or non-state actors, have a direct implication on the economic activities specifically, investor confidence in an area. Sometimes cultural and civil rights are denied or threatened through terrorist attacks or government ban. Education is in many cases disrupted in areas where there is constant fighting between terrorist groups and government forces or terrorist attack. Northern Nigeria, where Boko Haram is dominant, is a good example of the effects of terrorism on a society s socio-cultural, civil and economic rights for the people. While the extent of such impact may be difficult to quantify, Okereocha (2012: 46-7) points out that constant attacks on economic and social centers by Boko Haram has negatively affected such activities. Shiklam (2012) adds that attacks on vital economic facilities such as schools have triggered mass migration from Northern Nigeria thus hampering key activities in the region. Taliban, on the other hand, has been accused of suppressing individual rights such as education and political participation such as registration and voting in elections. VOL. XXXVI NO. 1 MARCH Israel.indd 25

20 HUMAN SECURITY, TERRORISM, AND COUNTERTERRORISM Freedom of worship, association, and choice are also greatly undermined in Taliban controlled areas. In addition, areas under the control of Taliban and Boko Haram are characterized by high levels of poverty, early marriage among women, lack of access to essential needs such as water, healthcare, and security. Psychological stress The number of people killed or injured as a result of terrorism and counterterrorism activities may be comparatively lower than other threats. However, one of the least emphasized effects of the two on the targeted population is psychological stress. Theories on psychological research on terror management state that the aftermath of events such as terror attacks and unregulated government response remind humans of the need to have reassurance over their safety and security (Landau et al, 2004: ). Both terrorism and counterterrorism are meant to spread fear among the targeted groups. Young (2004: 55-56) argues that the very definition of terrorism includes a deliberate attempt to cause fear. In addition, new threats are not only feared more than older threats, terrorism, and counterterrorism tend to expose the vulnerability and fragility of humans. In Afghanistan and Nigeria, targeted groups, mostly civilians, are often under psychological stress given the extent to which Taliban and Boko Haram are willing to go in spreading terror. Even more importantly, is the seemingly constant failure by government to end the operations of these groups and instead use the war on terror to achieve political millage such as arresting civilians without sufficient proof to appear as though the government is working. Lives have been lost including those of aid workers because of terrorist and counterterrorist attacks leaving civilians at great risk of their personal security. Based on this, Jones (2004, in Peggy and Walker, 2004:10) concludes that the human emotional reactions on the harm caused by deliberate intentions are different to emotional reactions to harm caused by natural disasters, accidents or other unintended human actions. CONCLUSION AND RECOMMENDATIONS Threats to human security are increasingly becoming diverse and widespread. From the threat of disease, natural disasters, the environment and 26 VOL. XXXVI NO. 1 MARCH 2019 Israel.indd 26

21 BOKO HARAM AND THE TALIBAN terrorism. Having examined the threat of terrorism on human security, additionally, there are several other more dangerous threats than terrorism. That is not to underestimate the impact of terrorism for indeed, it is agreeable that the impact of terrorism is worth serious attention. This paper, however, seeks to downplay the narrative based on the level of threat from terrorist groups and actors that the state should use unnecessary force and expenditure to counter their activities. It is evident that unrestricted and excessive use of force in the war on terror is not only counterproductive in the sense that it does little to end the menace, but, it also elevates the level of threat on the civilians who become the vulnerable target of state agencies and terrorist groups. States and international actors need to develop new counter-terrorism strategies that will not victimize people because of their race, religion or nationality but instead consider any action that involves the use of violence to create fear (i.e., terror, psychic fear) for (1) political, (2) religious, or (3) ideological reasons as a threat to human security at the national and international level. In this regard, this paper recommends that the war on terror may be effectively fought first if it is treated the under the same legal framework like other crimes, second that counter terrorism strategies must adhere to the national and international standards of human rights, and third that the unique features of terrorism from previous experiences of using force suggest that it is better to balance the use of force with other alternatives such as addressing underlying motivations such as socio -economic and political grievances and to involve the locals in intelligence gathering rather than treating them as accomplices of terrorists. This will ensure justice for the victims and the accused with reasonable adjustments should there be a need for in handling terrorist groups and suspects. We therefore recommend the following measures; 1. Domestic capacity for prosecution and investigation needs to be improved especially among less developed countries. This can be done through effective international cooperation that will enable local law enforcement agencies to deal with terrorist without having foreign troops on the ground as it is the case of Afghanistan. The presence of foreign troops gives a wrong impression and makes the war against terrorism more difficult to win. More specifically enabling local agencies VOL. XXXVI NO. 1 MARCH Israel.indd 27

22 HUMAN SECURITY, TERRORISM, AND COUNTERTERRORISM to handle terrorism cases is a useful approach given that there is no efficient or effective international institution that is specifically established to deal with terror related cases. Countries have resulted into extrajudicial means of addressing terrorism problems and its results have been counter productive 2. There is need to close the gap with regard to states practice in the ratification, adoption, implementation and accession of mechanisms and instruments on counterterrorism. This begins with the adoption of a universal definition of terrorism, intelligence gathering and sharing, agreements on the treatment of individuals suspected of being involved in terrorism and clarity on matters of extradition and monitoring terrorist financing. This will help cripple the activities of terrorist groups and reduce their impact. 3. Establishing cooperation in information and intelligence sharing. There is need for political goodwill among states when it comes to sharing sensitive information in order to counter the transnational nature of terrorism. This will help frustrate the effort of terrorist groups in terms of mobility of their leaders, disrupting their recruitment processes and access to financial support without which their efforts will be small scale. Agencies involved in sharing terrorism related information and officers tasked with responding to them must be clearly defined so as to avoid leakages and facilitate speedy flow of information from one country to another. 4. Promoting the role of regional organizations in counter terrorism strategies. Regional organizations can provide an irreplaceable platform through which procedural and legal frameworks on countering terrorism can be established. Regional animosities have given terrorist groups the advantage of establishing their operational centers in areas with wide bilateral rifts. Lessons can be drawn from the existing streamlined cases such as the European Arrest Warrant and EUROJUST among states in Europe. These two institutions are not only making international cooperation more efficient in dealing with terrorism but also helps in the implementation of measures such as freezing assets of suspected terrorist or their financiers as well as recognition of arrest warrants across a wider jurisdiction. 28 VOL. XXXVI NO. 1 MARCH 2019 Israel.indd 28

23 BOKO HARAM AND THE TALIBAN 5. Use of force to be as a last resort. States and other relevant organizations should seek to exhaust all other possible measures before resorting to using force. Article 51 of the UN Charter gives conditions upon which a country can carry out military actions against another country. These include when a country s national security is threatened by eminent attack or with the approval of the Security Council. However, states have ignored these provisions in the so-called war on terror with devastation consequences. The prioritization of military action has seen states attack foreign territories sometimes without the approval of the latter state citing efforts to counter terrorism. This has not only violated the territorial integrity of countries, but little regard has been given on the potential impact of military action on the country as a whole. 6. To assume that states do not have a right to self defense whenever they are attacked by either a state or a non-state actor will only give terrorist groups more leverage. In fact, Article 51 of the UN Charter gives right to collective or self-right to defend on self if attacked. However, the same article does not define the scale of attack that would warrant a large-scale self-defense. We recommend that states respect the principle of proportionality in their response and that a reasonable threshold be considered in the amount of force it intends to use. VOL. XXXVI NO. 1 MARCH Israel.indd 29

24 HUMAN SECURITY, TERRORISM, AND COUNTERTERRORISM Notes 1. See Accountability and Transparency in the United States Counter- Terrorism Strategy. The International Centre for Counter-Terrorism The Hague (ICCT) 2. See Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin (A/61/267). 3. See the third Geneva Convention of 1949 with regard to the protection of prisoners of war. 4. See Report of the Secretary-General: Protection of human rights and fundamental freedoms while countering terrorism., 8 Aug (A/58/266), p < 5. See. Human Rights Committee: Concluding Observations on Morocco, 5 Nov (CCPR/CO/82/MAR/Rev.1), Human Rights Committee: Concluding Observations on Israel, 21 Aug (CCPR/C0/78/ISR), para. 15 and Human Rights Committee: Concluding Observations on Benin, 1 Dec (CCPR/CO/82/BEN), para See the speech by Nicholas Howen, Secretary-General, International Commission of Jurists, ICJ Biennial. Conference 2004 Counter-Terrorism and Human Rights: Challenges and Responses. 7. The GTI is based on data from the Global Terrorism Database (GTD), which is collected and collated by the National Consortium for the Study of Terrorism and Responses to Terrorism. 8. See A more secure world: Our shared responsibility (United Nations publication, Sales No. E.05.I See articles 7 and 4 (2) of the International Covenant on Civil and Political Rights, article 5 of the African Charter on Human and Peoples Rights, articles 3 and 15 (2) of the European Convention on Human Rights, articles 5 and 27 (2) of the American Convention on Human Rights, and common article 3 of the four Geneva Conventions. 10. See Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Dec. 10, 1984, 1465 U.N.T.S. 85 (entered into force June 26, 1987, available at /instree/h2catoc. htm. 11. See Article 14 of the International Covenant on Civil and Political Rights 30 VOL. XXXVI NO. 1 MARCH 2019 Israel.indd 30 1/26/2019 2:18:41 PM

25 BOKO HARAM AND THE TALIBAN on the right to a fair trial and equality before the courts and tribunals. 12. See, generally, Human Rights Committee, general comment N 13 (1984). References America s Climate Choices (2010). Panel on Advancing the Science of Climate Change, National Research Council, Chapter 16. National and Human Security. Advancing the Science of Climate Change. Washington, DC. Amnesty International (27 Oct. 2004). Human Dignity Denied: Torture and Accountability in the War on Terror. Centre for Human Rights and Global Justice at NYU Law School (New York Law School) and the Committee of International Human Rights of the Association of the Bar of the City of New York (ABCNY) (Sept. 2004), Torture by Proxy: International and Domestic Law Applicable to Extraordinary Renditions, New York. Hampson, F., (2002). Madness in the Multitude: Human Security and World Disorder, Ontario: Oxford University Press. Human Rights Watch, (Oct. 2004). The United States Disappeared : The CIA Long-Term Ghost Detainees. Human Security Centre (2008). What is Human Security humansecurityreport.info/index.php?option=content&task=view&i d=24&itemid=59. Karen Jones, Trust and Terror, in Peggy DesAutels and Margaret Urban Walker, eds., (2004) Moral Psychology: Feminist Ethics and Social Theory (Lanham, MD: Rowman & Littlefield, 2004). Landau, M.J., Solomon, S., Greenberg, J., Cohen, F., Pyszczynski, T., Arndt, J., Miller, C.H., Ogilvie, D.M. and Cook, A., Deliver us from evil: The effects of mortality salience and reminders of 9/11 on support for President George W. Bush. Personality and Social Psychology Bulletin, 30(9), pp Lizard, W. (2014, September 18). Rights group accuses Nigeria of rampant VOL. XXXVI NO. 1 MARCH Israel.indd 31 1/26/2019 2:18:41 PM

26 HUMAN SECURITY, TERRORISM, AND COUNTERTERRORISM torture. Al Jazeera. Retrieved April 1, 2016, from aljazeera.com/articles/2014/9/18/torture-nigeriaamnesty.html. Madike, I. (2011, June 19). Boko Haram: Rise of a deadly sect. National Mirror. Retrieved from Mahan, S., & Griset, P. L. (2008). Terrorism in perspective. Sage. Maran, R. (2006). Detention and torture in Guantanamo. Social Justice, 33(4 (106), Masferrer A & Walker C., (2013). Counter-Terrorism, Human Rights and the Rule of Law: Crossing Legal Boundaries in Defence of the State. Edward Elgar Publishing. p Monbiot, G. (2003). One rule for them. Guardian, March, 25, Okereocha, C. (2012), Heartache for the Economy, TELL, May 14, Onuoha, F. C. (2010a, November 2). The 9/7 Boko Haram attack on Bauchi prison: A case of intelligence failure. Peace and Conflict Monitor. Retrieved from ace.org/innerpg. cfm?idarticle=754. Pérouse De Montclos, M.-A. (2014). Nigeria s interminable insurgency? Addressing the Boko Haram crisis. Research Paper Africa Programme, Chatham House. Retrieved from sites/files/chathamhouse/field/field_document/ bok oharamperousedemontclos_0.pdf. Schmid, A. (2004). Terrorism-the definitional problem. Case western reserve journal of international law, 36(2, 3), Shikalm, J. (2012). Boko Haram Activities Destroy the Economy of the North. Retrieved from < Smith, D. (2015, June 3). Nigeria s army behind countless acts of torture and 8,000 deaths, Amnesty says. The Guardian. Retrieved August 1, 2018, from nigeria-army-countless-acts-torture-8000 deaths-amnesty-bokoharam 32 VOL. XXXVI NO. 1 MARCH 2019 Israel.indd 32 1/26/2019 2:18:41 PM

27 BOKO HARAM AND THE TALIBAN Stewart, F (2004). Development and Security, Centre for Research on Inequality, Human Security, and Ethnicity (CRISE), Working Paper 3, London: University of Oxford. Young, R. (2004). Political terrorism as a weapon of the politically powerless. In Terrorism (pp ). Palgrave Macmillan, London. VOL. XXXVI NO. 1 MARCH Israel.indd 33 1/26/2019 2:18:41 PM

28 BLOOD ON THE SNOW Eyewitness Accounts of the Russian Revolution Elisabeth Heresch Pub. Date: March 1, 2019 Publisher: Paragon House Price: $24.95 paperback This broad collection of personal accounts of the Russian revolution contains honest, lively, compelling stories of the drama, brutality, and hypocrisy of the Russian revolutions of February and October In a world more distant from the October Revolution, once again tempted by the same passions and ideas that led to so much tragedy and death, these accounts are more important than ever. From the new preface The author s story of the last phase of the downfall of old Russia and its brave defenders runs like a movie... Eduard Gloeckner, Frankfurter Allgemiene Zietung The memories of eyewitnesses, still alive in the 1980s, are woven together to form a vivid picture of those history-making events and personali ties: Prince Felix Yusupov tells of the night that he and others killed the notorious Ras putin. Tatyana Botkina, daughter of the Czar s physician, wit nessed her father, along with the Czar and his family, driven from exile to execution. P. N. Malyantovich, Justice Minister of the provisional government, recalls the night that the provisional government was overthrown, and members of that govern ment had their lives threatened by an armed mob. Varvara Levitova, a volun teer nurse shot in the battles between the Whites and the Reds, recounts the horrors of the front line where Russian battled Russian. These witnesses and others challenge commonly held assumptions: Disputes the belief that Lenin was a popular leader. Disputes the belief that most Russians wanted a revolution. Shows how Germans and Americans aided the revolutionaries. Contains Primary source material for Russian Studies Students and Historians! Israel.indd 34 1/26/2019 2:18:41 PM